Terms & Conditions
Conditions of sale
1 Hawick Plant Auctions ("The Auctioneers") will offer for sale by auction
("The Auction") goods ("Goods") either singularly or in groups ("lots").
2 Prospective purchasers ("Bidders") of such Lots are required to register with
the Auctioneer and receive a bidding number ("Bidding Number") prior to making
bids for any Lots. It is agreed that each Bidding Number is unique and
non-transferable. Bidders are to be held responsible for any bids made with
their Bidding Number.
3 The successful Bidder for a Lot ("The Buyer") will be charged a buyers premium
by the Auctioneer at a rate of 5% plus VAT ("The Buyers Premium") of the final
bid price for the Lot ("Hammer Price").
4 VAT will be charged on all lots unless stated at the rate of 17.5% of the Hammer
Price. Bidders from other EEC countries, including Republic of Ireland, will be
able to provide proof of their VAT number. If they are not registered or are
unable to provide proof of their VAT number, then VAT will be charged at the
rate of 17.5%.
5 The highest Bidder for each Lot shall be the Purchaser, and in the event of any
dispute, the Auctioneers shall have absolute discretion either to settle such
dispute or to re-offer the Lot for re-sale.
6 Payment by cash or bankers draft clearing the Auctioneers total invoice in full,
title to the Lot or Lots will be passed to the buyer there and then. If payment is
made by cheque, a charge of £10 plus VAT will be paid to the Auctioneers to
clear special funds.
7 The Auctioneer will use every endeavour to ensure that all Lots appearing in
the catalogue for sale ("The Catalogue") are presented for sale at the Auction.
The Auctioneer accepts no liability for loss or damage howsoever arising
(including but not limited to costs of attendance of Bidder at the Auction) from
any Lots not presented for sale.
8 The Auctioneers have described the Lots in the Catalogue to the best of their
ability and belief from information furnished by the Vendors who shall be
responsible for any error or mis-statement, which there may be. The Auctioneer
accepts no liability whatever in respect of any faults, deficiencies and errors of
any description, oral or printed, nor do they accept responsibility for the
authenticity, genuineness, origin, age, condition or quality of any Lots and all
statements of opinion only and not to be taken as being or implying a statement
or representation of fact. Any intending purchaser must satisfy themselves by
prior inspection or otherwise as to the correctness of each such statement.
The Vendor does not make or give and neither the Auctioneers, nor any other
person in their employment have any authority to make or give any
representation or warranty in relation to any of the Lots without the express
instructions of the Vendors.
9 Each and every Lot is sold as seen. The Auctioneers provide no guarantees or
warranties either expressed or implied in respect of the Equipments contained
in the Lot. All representations made by the Auctioneer, their Employee's or
Agents are considered to be lay opinions only and the Auctioneers accepts no
liability for any purchase made by a Buyer in reliance upon them.
10 The buyer of a Lot is deemed to have inspected the Equipments contained in
the Lot prior to purchase.
11 Upon receipt of the Auctioneers of cleared funds from the Buyer, the Buyer
agrees to remove the Lot purchased from the Sales Site forthwith unless
agreed in writing by the Auctioneers.
12 The Buyer agrees to insure the Equipment purchased against all losses, from
the Auction date until removal of the Equipment by the Buyer.
13 In the event of any dispute or default on the part of the buyer in Relation to the
terms herein, the Auctioneers reserve the right to cancel the sale of any Lot to
any Buyer and offer, at its absolute discretion, the Lot for sale again at Auction.
14 All persons attending the Sales Site are put on notice that heavy equipment is
being operated on the site and extreme care should be taken by all persons.
All persons on the Auctioneers premises before, during or after the sale shall
be deemed to be there at their own risk and with notice of condition of the
premises and the method of arranging Lots and shall have no claim, against
the Auctioneers in respect of any injury or accident, which may occur from any
cause whatsoever.
15 It is agreed by the Buyer where Equipment has been purchased from the
Auction and the Equipment requires a CE-Certificate or any other permit or
certificate for the use intended by the Buyer (including the import, sale or use
of the Equipment in the EEC) then the Buyer undertakes to all necessary steps
to obtain the necessary certification for the use and destination of the
Equipment intended.
16 The Auctioneers reserve the right to revoke any Bidding Number at any time.
Where a Bidder wishes to register and use a Bidding Number as an Employee
or Agent of another Individual or Company then the Bidder must disclose the
identity of the Individual or Company to the Auctioneers at the time of
registration. Failing this the Bidder is deemed to be the principal and not agent
for the bid and will be held responsible for payment of all purchases.